## Yes ##

[tag:new-south-wales]

[s316][1] of the *Crimes Act* 1900 makes it a crime for an adult who knows or believes that they have information that will be material in the apprehension or conviction of a person who has committed a serious indictable offence to not report it without reasonable excuse. S316A is a similar crime with respect to child abuse.

This applies to everyone and can capture people who fail to “[whistle-blow][2]”.

However, this crime is rarely prosecuted and is typically used as an add-on catch-all charge against organised crime members. Proving a s316 offence necessarily requires that the non-reported crime has already been proved in court. That’s the only way that it becomes known that what you failed to report was something you should have reported.

It has been recommended that this provision be abolished numerous times since the turn of this century, but it hasn’t been. There is no equivalent provision in Commonwealth law or the law of any other state or territory.

  [1]: http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s316.html
  [2]: https://murrayslegal.com.au/blog/2020/03/02/obligations-to-whistleblow/